Pages - Menu

Thursday, August 25, 2011

STAMP 1 A – RECKONABLE OR NOT?

In the recent months, our office has received a substantial number of queries from clients who are ACCA trainee accountants and resident on Stamp 1 A status. The queries relate to whether their status is reckonable for the purposes of acquiring Irish citizenship by birth for their children, pursuant to the terms of the Irish Nationality and Citizenship Act 1956 (as amended by Section 4 of the Irish Nationality and Citizenship Act 2004). They also inquire as to whether their status is reckonable in respect of the Naturalization process, pursuant to of Section 14 of the Irish Nationality and Citizenship Act 1956.

The cases that have come to our attention include contradictory directions from GNIB, the Department of Justice and the Passport Office as to whether the applicant’s Stamp 1 A is reckonable or not. In a number of cases, the clients have received letters from GNIB indicating that their periods of Stamp 1 A are reckonable, while the Passport Office has regarded the same periods as not reckonable in respect of applications for passports for their children.

Each of these clients who have been refused passport for their children have instructed that they are aware of trainee accountant colleagues on Stamp 1 A status who have been issued passports for their children in similar circumstances. According to one client’s instructions, such a passport was issued on this basis within the recent months. They are understandably very frustrated over such inconsistant policies in respect of elibibility for Irish citizenship by birth.

Stamp 1 A is the designated stamp for trainee accountant. It is described on the INIS website as follows; “This person is permitted to remain in Ireland for the purpose of full time training with a named body until a specified date. Other employment is not allowed.”

An Information leaflet titled “General Information on Irish Citizenship”, as posted on the INIS website, explains the entitlement to citizenship by birth as follows;

“A person born in the island of Ireland after 1 January 2005 is entitled to Irish citizenship only if, during the four year period immediately preceding the person’s birth, one of the parents has been resident* in the island of Ireland for a period of not less than three years and neither parent was entitled to diplomatic immunity in the State”

A note in respect of residency is added as follows;

“certain residence is not reckonable, including unlawful residence, residence granted for the purpose of study and period where there was a provisional permission to reside granted pending determination of an asylum application ”

Further difficulties arise in respect of Stamp 1 A status in the Naturalization process. It is not clear stated in the recent Departmental Guidelines of July 2010 whether a stamp 1 A is reckonable or not for the purposes of Naturalization/ Citizenship by birth. We have noted that the new Citizenship Application Form indicates that stamp 1 A is not reckonable. However, the new reckonable residence calculator on the INIS website indicates stamp 1 A is reckonable in the calculation.

It appears from some letters we have seen from the GNIB that the status of trainee accountants on stamp 1 A is reckonable. While in other letters issued from the GNIB the trainee accounts have been registered on stamp 1 permission, as opposed to stamp 1 A. Thus, their residence on stamp 1 is reckonable residence. Sometimes, it seems that the GNIB have used the stamp 1 and stamp 1 A interchangeably.

We have sought clarification from the Citizenship Section of the Department of Justice, and I have been informed in writing that stamp 1 A is not reckonable. However, when we rang the Citizenship Section in July last to seek clarification on the point and we were informed that stamp 1 A is “definitely” reckonable for the purposes of Naturalization. We asked that this point be confirmed, and we subsequently received a further telephone call to confirm that Stamp 1 Awas reckonable.

We have requested Citizenship Section to provide us with copies of the current and past Ministerial guidelines in respect of reckonable residence for the purposes of Irish Nationality and Citizenship Act 2004. They have not yet been provided to us.

We have today again requested from the Minster provide us with a clear statement as to the current Departmental policy in respect of this issue.

2 comments:

Dear Solicitor,1. I think, due to the economic crisis, the minister of justice has lost his brains and in future it would be great if before being appointed into posts like TDs and Ministers, politician could undergo an Alzheimer test.2. Stamp 1, stamp 1A and stamp 2 , all contribute to the economy of the country so what the need to show such difference among them as far as the bearers of those stamps are concerned. why such difference.3. In a maternity hospital room of 3 beds there are three non EU women – 1st woman holder of a 5 years stamp 1, 2nd woman holder of 5 years of stamp 1A and 3rd woman holder of a 6 years of stamp 2 all three gave birth at same time same place, can I ask what would be the status of the child born?4. The outcome of those restrictions on the non EU is considerably devastating for the economic growth of the country. The economy has reduced and will continue to reduce if the situation is not brought under control. Many landlords’ houses have been left empty since 2009 and the price of houses has taken another bolt. Mortgages are left unpaid.5. Lastly along with the Eu, the non Eu residents are also the victims of the recession so when a solution to get out of this situation is thought the non Eu also should be considered in a positive way and not that they are themselves regarded as the main problem. As far as I know driving out the nonEu from the country or stopping them from coming has not been more beneficial to the economy.Regards